Terms & Conditions | Equipment Supplies/Service Agreement.
1. This agreement is effective immediately upon signature on behalf of the Customer and Universal Office Products Ltd. Universal Office Products Ltd shall however be entitled to terminate this agreement by writing to the Customer within twenty-eight days from the date hereof in the event of:-
a. Universal Office Products Ltd not obtaining satisfactory credit clearance of the Customer
b. Unavailability of the equipment for delivery.
In the event of such termination of the agreement by Universal Office Products Ltd then the obligations of both parties under this agreement shall terminate.
2. Where this agreement relates to more than one item of equipment it shall be a separate contract In relation to each item.
3. All orders for equipment shall be deemed to be an offer by the customer to purchase the equipment in accordance to these terms and conditions and acceptance of delivery of the equipment shall be deemed conclusive evidence of the acceptance of these conditions by the Customer.
4. Any variation to these conditions (Including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing and signed by a Director of Universal Office Products Ltd. These terms and conditions shall apply (subject to any such variation in writing) to all contracts for the sale of equipment by Universal Office Products Ltd. The exclusion of all other terms and conditions Including terms and conditions which may apply to the Customer may purport to apply under any purchase order confirmation of order or similar document.
5. The price shall be the price(s) set out overleaf. The price is exclusive of value added tax which shall be due at the rate ruling on the date of the invoice from Universal Office Products Ltd.
6. Payment of the price and VAT shall be due from the customer on delivery of the equipment to the Customer, unless otherwise stated.
7. Interest on overdue invoices shall accrue from the date when paymf!nt becomes due from day to day until the date of payment at a rate of 8 per centum per annum or the rate payable on judgment debts from time to time and shall accrue at such a rate after as well as before any judgment. The Customer shall pay an administration charge of up to 10% of the overdue balance.
8. Universal Office Products Ltd may require the Customer to pay a deposit before delivery of the equipment and such deposit will be allowed against the Invoice.
9. Should the customer or the authorised assignee of the Customer purport to terminate this agreement or refuse to accept delivery of the equipment, under the terms of this agreement Universal Office Products Ltd shall be entitled to make a cancellation charge to the Customer for 30% of the invoiced price.
10. Delivery of the equipment shall be made to the delivery address supplied to the Customer as set out overleaf. The Customer shall make the all the arrangements necessary to take delivery of the equipment e.g. Prior to the date of delivery of the equipment, the customer shall at his own expense ensure that the installation area(s), electrical outlets and connection requirements and access ways are suitable for the passage, insta!lat!on and comm!ssloning of the equipment.
11. Universal Office Products Ltd warrants that the equipment will at the time of delivery correspond to the description given by Universal Office Products Ltd, except where the customer is dealing as a consumer as defined in the Unfair Contract Terms Act 1977 Section 12. All other warranties, conditions or items relating to fitness for the purpose, merchantability or condition of the equipment and whether implied by statute or common law or otherwise are excluded.
12. The Customer shall be deemed to have accepted the equipment following delivery. After acceptance the Customer shali not be entitled to reject the equipment in the event that any does not accord with the contract.
13. The equipment shall be at the risk of the Customer as from delivery.
14. In spite of delivery having been made, owlle(Ship of the equipment shall not pass from Universal Office Products Ltd until the Customer has paid the price plus VAT In full and no other sums whatever shall be due from the Customer to Universal Office Products Ltd. Until ownership of the equipment passes to the Customer the customer shall hold the equipment and each Item of equipment on a fiduciary basis as bailee to Universal Office Products Ltd and until such time as ownership of the equipment passes from Universal Office Products Ltd. The Customer· shall upon request deliver the equipment to Universal Office Products Ltd. If the Customer falls to do so Universal Office Products Ltd may enter upon the premises owned, occupied or controlled by the Customer where the equipment Is situated and repossess the equipment. Universal Office Products Ltd shall be entitled to recover the price plus VAT, not withstanding that the ownership of the equipment which has not passed from Universal Office Products Ltd.
15. Universal Office Products Ltd shall not be liable to the Customer for late delivery or short delivery of the equipment.
16. If the Customer wishes to lease or finance the purchase of the equipment then the Customer shall supply details thereof to Universal Office Products Ltd in writing. The Customer shall not be entitled to assign the benefit of this agreement without the prior written consent of Universal Office Products Ltd.
17. Universal Office Products Ltd will accept liability for direct physical damage to property on the premises where the equipment is installed only where this is caused by the negligence of Universal Office Products Ltd or Its employees. The Customer acknowledges that Universal Office Products Ltd does not and shall not have any liability to the Customer (whether in contract or tort) for loss, damage or injury of any kind howsoever arising and without prejudice to the generality of the foregoing. Universal Office Products Ltd shall under no circumstances be liable for the loss of business or profit or for any other consequential loss or damage.
18. The price does not include set up/installation of the equipment following the delivery, unless the copy charge/annual maintenance section is completed. The Customer may If he so wishes enter Into a separate agreement with Universal Office Products Ltd for such maintenance.
19. Service charge, we will invoice you for the service charge set out in the pricing schedule. We will use the meter reading to work out how many copies you have made. We will do this either:
a. By you giving us a meter reading when you have requested toner.
b. By one of our engineers taking the reading when he has serviced the equipment.
c. By Data collection service.
d. By us requesting a meter reading.
20. Charge increases. We can increase the charges set out in the Equipment schedule copy/annual maintenance. The new charges will apply from the last meter reading taken prior to the new charges coming into effect. A minimum invoice value will be applied to all maintenance cost per copy agreements billed in arrears.
21. The Customer shall pay either the amount mentioned In the schedule or the latest cost per copy rate whichever is the greater. This is effective immediately upon signature on behalf of Universal Office Products Ltd and the Customer.
22. The Maintenance term for the warranty on-site and maintenance cost per copy agreement will be continuous. This will be automatically invoiced periodically at our latest maintenance rate.
The customer may terminate the agreement by giving 12 months notice In writing. To end the contract immediately, Universal Office Products Ltd will issue an invoice for the 12 month period. This will be calculated using the cost of service charged per quarter for the last 12 months. Should the equipment listed in the schedule of this agreement be leased, then this agreement shall run for the minimum term of the lease agreement with a minimum period of 12 month cancellation. The remaining period of the lease shall be used as the cancellation period of this agreement. The cancellation will be calculated using remaining period of the lease, the average monthly copy volume from the date of install and the latest maintenance rate. This agreement will automatically terminate at the end of the lease period.
23. Universal Office Products Ltd may alter the cost of services for any year following the initial year. Any maintenance cost per copy agreement, which is uneconomical, or loss making may be terminated by Universal Office Products giving 30 days written notice. The charges set out in the equipment schedule/annual maintenance are calculated according to toner yield based on the manufacturers guide lines of 5%. Any toner/drum usage, which is deemed to be above this figure,may become a chargeable item, at Universal Office Products Ltd discretion. These charges will be added to the meter reading invoice without any written notice.
24. Universal Office Products Ud undertakes during this agreement to service the equipment in accordance with the terms and conditions of this agreement except when the repair is necessitated by:
a. A fault due to the Customers error.
b. The equipment being damaged due to accident, neglect, misuse by the Customer, acts of God, failure or fluctuation of electrical power or causes other than ordinary use.
c. The equipment being tampered with by the Customer or other party.
The above faults or damage which are outside Universal Office Products Ltd’s service liability under the agreement may be repaired by Universal Office Products Ltd at a price applicable at the time. The equipment may be replaced at the opton of Universal Office Products Ltd’s discretion with similar equipment which will also be subject to the terms and conditions of this agreement.
25. The Customer will grant employees of Universal Office Products Ltd or agents of Universal Office Products Ltd at all reasonable times access to the premises on which equipment is situated for the purpose of inspection, repair, adjustment or replacement.
26. Universal Office Products Ltd shall not be responsible to the Customer for any loss whatsoever arising out of any reason beyond the control of Universal Office Products Ltd, which shall include without prejudice to the generality of the foregoing any act of God, flood, accident, strike, lockout or stoppage of Universal Office Products Ltd’s business.
27. The Customer must not allow any person apart from Universal Office Products Ltd, Its employees or agents to service or in any way interfere with the equipment during the term of this agreement. Any maintenance by Universal Office Products Ltd necessitated by such service or interference shall be charged to the Customer at the price applicable at the time.
28. In the event of a fault reported to Universal Office Products Ltd which Is found to be a fault external to the equipment, then Universal Office Products Ltd reserves the right to make a reasonable additional call out charge. E.g. mains supply faulty, phone line faults and or network connections.
29. Universal Office Products Ltd will be responsible for personal injury to any person caused through Universal Office Products Ltd negligence, but apart from this shall be under no liability for any injury, damage or loss to any person or property whomsoever or whatsoevar whether direct or loss was caused. The customer hereby agrees to
indemnify Universal Office Products Ltd in respect of any liability for damage and/or costs incurred by any person whatsoever arising out of the use of the equipment.
30. This agreement does not cover weekends or bank holidays. Service is only provided on a 9am to Spm Monday to Friday basis. Requests other than this are not covered by this contract.
31. Universal Office Products Ltd accepts no responsibility for the damage or loss of data whilst work is carried out during the relevant repair process. In addition, Universal Office Products Ltd will not be held responsible for any loss of operational time due to lack of current backups of data. Data recovery is not covered by the scope of this contract. Interference generation by any external device that under the operation of the supplied equipment are not the responsibility of Universal Office Products Ltd.
32. This agreement and any conflict arising there from shall be governed by and judged by the Law of England.
33. Any programming requirements after certificate of handover is signed will be chargeable at the current hourly rate.
34. The scope of this contract covers the maintenance of original machine specifications only. In other words, upgraded hard drives, memory or video cards are not covered within the maintenance contract; however they will be covered up to the expiration of the manufacturer’s warranty on that single Item.
35. Software support is inclusive for 30 days from the date of delivery, subject to the customer entering Into a cost per copy maintenance agreement. Should the customer have not entered Into a cost per copy maintenance agreement then all software support calls/visits will be chargeable at the going rate at that particular time following the date of installation.
36. Software support contracts will be automatically Invoiced 30 days after the date of installation at our latest annual rate. This is to provide additional support for the print, scanning, email, training and reconfiguration of the device as a direct result of any changes to the customer’s environment. Should the customer decline to accept the software support contract then all matters relating to the above will be charged at our latest maintenance rate following the date of installation.
37. Universal Office Products Ltd cannot be held responsible for the maintenance of print, scanning, email, training and reconfiguration of the device listed in the schedule after the initial installation, should the customer have not entered Into the software support contract.